Smith contends that he was set up by an unreliable, anonymous and paid government informant.

According to court records on file Wednesday, Smith's attorneys will argue that prosecutors made misrepresentations to the court about the informant's background.

Smith is charged with accepting a $7,000 bribe and is heard on tape demanding it in cash so there would be no trace of the money, according to prosecutors.

Much of the initial complaint relied on secretly recorded conversations Smith had with the unnamed informant.

The trial in front of Judge Sharon Johnson Coleman is not scheduled until the fall but when she convenes Thursday's hearing, prosecutors will try to talk down Smith's contention of a faulty case.

According to new government filings, prosecutors admit having put forth two inaccurate statements by the informant but say that the undercover recordings of the defendant's own words and deeds are proof of bribery and they don't rely on the informant.